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Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT: MARK S. LENYO South Bend, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JUSTIN F. ROEBEL Deputy Attorney General Indianapolis, Indiana

FILED
Dec 20 2012, 9:18 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
RONALD EDWARD MADISON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 71A04-1206-CR-332

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable Jerome Frese, Judge Cause No. 71D03-1102-FD-131

December 20, 2012

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

Following a jury trial, Ronald E. Madison appeals his convictions of resisting law enforcement, a Class D felony,1 and operator never licensed, a Class C misdemeanor,2 contending the evidence presented was insufficient to support his convictions. affirm. On February 25, 2012, South Bend Police Officer Joseph Stitsworth was patrolling in his marked police car and investigating a complaint of loud music. He observed a tan Plymouth Acclaim playing loud music which had stopped in the middle of the street and which had no working taillights. He pulled behind the vehicle and activated his overhead lights to initiate a traffic stop. The driver drove off. Officer Stitsworth activated his siren and pursued the vehicle. The chase lasted for several blocks. It ended when the sole occupant of the vehicle jumped from the car, slipped and fell on the ice, and then fled on foot. From a distance of nine or ten yards away, Officer Stitsworth identified Madison as the occupant of the vehicle based upon more than twenty prior interactions that the officer had with him in the preceding ten years. Officer Stitsworth exited his police car and followed a single set of tracks in the snow to a residence. There, the officer ordered the occupants of the residence to exit the house. The occupants included Madison who was "breathing hard as if he had been running." Tr. at 70. Madison was charged and convicted of resisting law enforcement and driving without ever having a driving license. At trial, Officer Stitsworth testified to the above facts and to the fact that Madison's certified driving record indicated that Madison had an
1

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See Ind. Code

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